Under California law, passengers injured in auto accidents will have specific rights that differ from those of motor vehicle drivers. Since passengers do not have control over a car, responsibility will be evaluated based on the conduct of the vehicle operators involved.
In most cases, a passenger may have the right to bring a personal injury claim. But, meeting the legal burden will require you to demonstrate that a driver’s negligence triggered harm. Understanding how liability, insurance coverage, and legal standards apply can help passengers make informed decisions and protect their interests in the aftermath of a car accident.
Are Passengers Ever Liable for Accidents?
Generally, passengers are not liable in car accidents because they do not have control over the vehicle. Responsibility will typically fall onto the person behind the wheel. But, a passenger can be held partly liable if their own actions contributed to the crash.
For example, a passenger can share liability when they interfere with someone else’s driving by either grabbing the steering wheel, pulling the emergency brake, or blocking the driver’s view of the road. In addition, encouraging reckless behavior, such as speeding, racing, or driving after getting drunk, can also be considered if it contributes to a crash.
In these rare instances, the passenger’s behavior will be evaluated to determine the percentage of fault under the state’s pure comparative negligence rule.
Can You Make a Claim as a Passenger?
Passengers are allowed to make claims in California if they are injured as a result of a car accident. As passengers are generally not responsible for how a driver operates a vehicle, their claim will be based on whether another party’s negligence contributed to their psychological and/or physical injuries. However, it is important to note that all passengers will be given two years from the date of when the incident occurred to pursue legal action (California Code of Civil Procedure § 335.1).
Can a Passenger Sue Both Drivers?
A passenger can sue both drivers after a car accident when the facts show that someone else’s negligence contributed to the situation. Passengers have legal rights under California law and are usually not considered at fault for simply riding in a car. So when a driver contributes to a collision, a passenger may pursue a car accident claim against one or more parties involved.
As previously stated, the state’s pure comparative negligence system (under Civil Code § 1714 and Li v. Yellow Cab Co (1975) 13 Cal.3d 804) allows accountability to be divided among all parties involved. Liability will be determined based on each driver’s percentage of fault as determined through the legal system.
Simply put, a passenger may recover damages from either or both drivers’ insurance policies based on how fault is assigned. These claims will usually involve evidence, like police reports and witness statements to demonstrate how each driver triggered the crash.
Should I Get a Lawyer if I Was a Passenger in a Car Accident?
It is a good idea to speak with a personal injury lawyer if you were a passenger in a car accident. Even if you sustained minor injuries, what may appear to be something of no concern may sometimes develop into a long-term complication where symptoms begin to worsen days or weeks after the crash.
Depending on the nature of the accident, multiple drivers may be involved which makes the legal process even more complicated. Determining who is at fault, how liability is divided, and which insurance policies apply will require a thorough investigation into the matter and legal analysis. In addition, insurance companies may try to dispute liability or try to minimize payouts when more than one driver is involved.
By hiring a personal injury attorney for your case, they can help protect your rights by handling negotiations with insurers, gathering evidence, and ensuring all deadlines are met. Acquiring such support can be especially important if your injuries have affected your ability to go to work or require you to receive ongoing medical care to treat a temporary or permanent injury.
Does Being a Passenger in an Accident Affect Your Insurance?
Being injured as a passenger in a car accident typically does not affect your insurance premiums since claims are commonly pursued against the liability policy of the driver who caused the collision. As California operates under a fault-based system, the at fault driver is responsible for paying damages.
However in certain situations, passengers may rely on their own coverage, such as MedPay or uninsured or underinsured motorist benefits, to handle immediate medical costs, particularly if the at fault driver lacks insurance or the claim process is delayed. MedPay claims may appear on your insurance record, but they usually do not result in increased premiums when you are not at fault.
In many cases, pursuing a claim through the at fault driver’s insurer first can help protect your rates. Legal guidance can also assist in getting full compensation while avoiding reliance on your own coverage.
What Happens if a Passenger Gets Hurt While I Am Driving?
If you get a passenger injured while driving, the situation will be handled under fault-based insurance rules. Some forms of bodily harm are immediately apparent (cuts or broken bones), whereas others may be serious injuries, like traumatic brain injuries and spinal cord injuries. In either case, a passenger should seek medical attention as soon as possible, and maintain consistency if they are asked to comply with short- or long-term treatment recommended by a healthcare physician.
Claims can include medical bills, lost wages, and pain and suffering, though recovery may be subject to the available insurance policy limits. California does not require personal injury protection (PIP), so passengers will usually have to rely on liability coverage, along with any applicable MedPay, uninsured/underinsured motorist (UM/UIM) coverage or health insurance coverage.
Insurance companies will evaluate these claims by looking through police reports, witness statements, surveillance footage, and medical records to establish liability and the extent of injuries sustained. When losses exceed available coverage, the injured passenger may file a personal injury lawsuit to seek compensation.
How Much Money Can a Passenger in a Car Accident Get?
The amount of money a passenger can recover after a car accident will depend on what factors are involved, like:
- The extent of your injury
- Degree of fault
- Current and future medical costs
- Lost wages and earning capacity
Damages in passenger injury cases can cover both economic damages, such as medical care, rehabilitation, and lost earnings, as well as non-economic losses like pain, suffering, and emotional distress. When injuries significantly affect a person’s quality of life, the potential value of the claim can be higher.
Injured in a Car Accident as a Passenger? Schedule a FREE Consultation with West Coast Trial Lawyers Today
If you were injured while riding with a friend or family member, undergoing the aftermath of a car crash can feel overwhelming. At West Coast Trial Lawyers, our car accident attorneys can help you understand what your options are and meet important deadlines in a timely manner. We provide FREE consultations where we can evaluate your situation and figure out what would be the most ideal path to take to better your chances of receiving satisfactory results.
To get started on your car accident case, you can reach out to us by calling (213) 927-3700 or completing our quick online contact form.
